Tag: end-of-life

Advice for Seniors from McManus Meets the Big Screen, Thanks to WealthManagement.com

November 2, 2018 - Media Clips

WealthManagement.com/Trusts & Estates published the below byline by John O. McManus as a slideshow! Click here to read John’s advice, accompanied by entertaining movie stills.

Top 10 Dangers Facing Senior Clients

John O. McManus | Oct 29, 2018

1. Anticipate, Before It’s Too Late

As clients age, there’s a significantly greater risk of incapacity. The failure to prepare a healthcare directive and living will, authorization for release of protected health information, and durable general power of attorney means that family members will be compelled to seek court intervention if your client becomes unconscious, has diminished capacity, or experiences some other emergency. This results in unnecessary delay and expense and will be completely inadequate if a client’s loved ones need to make a healthcare decision or act on their relative’s behalf with respect to financial, legal or personal matters. It’s essential to ensure basic protections are in place so that loved ones can act immediately in the event of these issues.

2. Spend a Little Time Planning to Save a Lot of Time Doing

The need for the court to oversee the administration of an estate can be time-consuming, costly and frustrating. Proper planning will allow for the probate process to be completed with greater expediency. This includes the preparation of revocable living trusts, the assets of which will not be subject to court review (even if the property is owned in another state) and updates to the titling and beneficiary designation of your client’s assets to ensure a far more efficient estate administration.

3. Take Advantage of the Opportunity of the Lifetime Gift Exemption

Dramatically reduce a client’s future potential federal estate tax by utilizing the temporary increase to the lifetime gift exemption. The Tax Reform and Jobs Act enacted at the beginning of 2018 significantly raised the federal estate tax exemption, but the current law will expire no later than Dec. 31, 2025. Furthermore, Congress can take action sooner to reduce the increased exemption. Therefore, high-net worth individuals and families must strongly consider leveraging the exemption while it’s available in order to remove appreciating and/or discountable assets from the taxable estate.

4. Don’t Skip Over Generation-Skipping Tax

Help a client understand the tax implications of the transfer of wealth across multiple generations to preserve their legacy for the descendants. The generation-skipping tax and the use of the GST exemption are among the most sophisticated planning concepts, but it’s essential to consider this issue as part of the larger estate plan. Bequests in trust to grandchildren, the design of a dynasty trust and the proper reporting of gifts are all connected to the deployment of the GST exemption and avoids the imposition of additional tax when an inheritance is received by more remote descendants.

5. Decrease Chances of an Increase in Federal Income Taxes

Evaluate strategies to avoid a potential increase in federal income taxes due to limitations on state and local tax deductions. Different types of out-of-state trusts (particularly those based in Delaware and Nevada) provide planning opportunities before the liquidation of an appreciated investment or business. Furthermore, life insurance, Roth IRA conversions and contributions to charitable vehicles (including private foundations and charitable remainder trusts) afford clients opportunities to mitigate state income tax exposure.

6. Step Up Planning With a Step-Up in Basis

Review the power of a step-up in basis upon death, reducing capital gains tax and delivering income tax savings your client’s loved ones can enjoy. Families must consider proper planning in advance of death. Asset transfers to an ailing spouse, community property trusts, asset swaps from existing irrevocable trusts and asset upstream gifting to parents are all options to put the surviving spouse, children and other heirs in the best position to sell an appreciated asset tax-free.

7. Plan for Long-Term Care in Short Order

The cost of long-term health care could drastically deplete an estate, but strategies may be available to mitigate the attrition of assets. In addition to traditional long-term care policies, life insurance policies can be structured with an accelerated death benefit to cover the cost of nursing home care and/or provide wealth replacement if other resources are diminished. Medicaid trusts and supplemental needs trusts also afford the possibility that assets may be preserved for the use of a surviving spouse or provide a meaningful legacy for children without sacrificing the ability to qualify for governmental benefits.

8. Expect the Best, Plan for the Worst

Protect the inheritance of your client’s heirs and ensure wealth is not diverted, in case a child’s marriage fails or there’s some other attack by a plaintiff’s lawyer. A properly structured trust for the benefit of a child or grandchild under a will or revocable trust can serve to secure an inheritance from an estranged spouse. It’s also important to evaluate how these benefits can be enhanced through a prenuptial agreement or other prenuptial planning measures. Such a trust can insulate the assets from attacks resulting from personal or professional liability, creditors and other legal claims.

9. Pay Special Attention to Special Needs

Ensure the inheritance of your client’s children and grandchildren will be used to enhance their standard of living, while preserving their ability to receive Social Security or Medicaid. If a client’s child or grandchild directly receives from the estate or benefits from a conventional trust, it will likely disqualify them for needs-based government benefits, forcing the funds to be used for basic living expenses and health care. Incorporating a supplemental needs trust into the estate plan will prevent the inheritance from being treated as a resource of that child or grandchild, which will allow for the continuation of payments from these programs. The assets of the trust can then be sheltered for uses not covered by the government, including social, cultural, entertainment activities, travel, visitation with family members, educational and vocational programs, and other quality of life considerations.

10. Prepare Your Client’s Heirs

Aid your client’s loved ones in the effective deployment of the wealth they pass along by imparting their family mission and values, including the intrinsic benefits of philanthropy. As a first step, encourage adopting a family mission as part of the estate plan as a means of conveying these wishes and expectations. Recognize the importance of gradually integrating children and grandchildren into the estate plan through periodic family meetings with the family’s professional advisors, which will help them to understand the purpose of the estate plan and the various considerations that go into preserving wealth for the next generation. Finally, those families who adopt charitable giving as a core tenet of the estate plan should include children in the implementation of those activities, including the continued support of causes supported by the family, the identification of new causes that align with donative intent and the development of relationships in the philanthropic community to ensure charitable gifts will have the greatest impact.

Conference Call: 10 Questions to Consider When Preparing for the Passing of a Loved One

February 21, 2018 - Conference Call

Death represents a significant and vulnerable point in time for both the individual facing it and his or her loved ones. In the medical field, it is even associated with failure; only five out of 125 medical schools (4%) in the country offer a course on death and dying. This negative stigma means that what should be accepted as a natural part of life, often becomes an uncomfortable topic.

However, it is important to talk about death with loved ones. There are emotional benefits to reflecting on a life spent together, and expressing gratitude and admiration. It is also important to ask difficult questions so that this topic receives adequate attention and preparation. While everyone would prefer to focus on life, a significant amount of stress related to death can be reduced by proper planning.

Press play to hear McManus & Associates Founding Principal John O. McManus explain his 10 recommendations below for getting the best end-of-life care:

 

1. Know your options – What is the difference between hospice and palliative care?

2. Dot your i’s and cross your t’s – Are all the necessary legal documents in order?

3. Broach the subject – Have you had a discussion with your loved one to understand what his or her wishes are?

4. Nail down the timeline – When does your loved one want end-of-life care to begin?

5. Research reputation – Have you discovered all that you can about the potential care facilities that you are considering?

6. Find out who is behind the mask – How well do you know your loved one’s care providers?

7. Do your due diligence – Have you done your own research? Have you asked care providers to tell you what you can do to help? Have you explored all of the factors that could influence your decision?

8. Learn the ins and outs – Is in-patient or out-patient care best for your loved one and family?

9. Prepare Plan B – Do you have a backup plan?

10. Ask for help – Could your loved one and family benefit from counseling?

For guidance on ensuring that your estate plan reflects your wishes for life and death, contact McManus & Associates at 908-898-0100.

NYT Selects McManus’ Comments on End-of-Life Op-Ed as “Times’ Pick”

January 8, 2018 - Bylines, Guidance, Media Clips

Karen Brown, a reporter at New England Public Radio, contributed a heartbreaking op-ed to The New York Times that was published over the weekend. In the piece, “This Was Not the Good Death We Were Promised,” Karen shares the story of her father’s death…and how his final time on earth fell short of what he (and she) wanted – from the article:

But at the very end, confronted by a sudden deterioration in my father’s condition, hospice did not fulfill its promise to my family — not for lack of good intentions but for lack of staff and foresight.

John O. McManus, founding principal of McManus & Associates, was moved by the piece and wanted to reach out to Karen. Below is the comment that John submitted in response to the article, which was selected as one of only 16 “Times’ Picks” out of more than 750 reader comments and has already been recommended over 120 times.

Dear Karen,

I too, am saddened by your loss. What an elegant job you do outlining the issues, and an evolution in hospice care will come.

Running an estate planning law firm, I see our team confronted with the passing of loved ones more frequently than we would ever wish.

What strikes me most was how wonderfully you and (ostensibly) your siblings were there with your father “curled up with him” as he undoubtedly curled up with you in your youth, a heartwarming demonstration of the cycle of life and family.

Indeed your father was not in an enviable position in his final hours, but your father has so much for which to be thankful in his final months as you all comforted and tended to him. The stories of each of you, your father’s children, making your daily sacrifices, no doubt skipping work, time with your own children and social commitments, never cease to significantly move me showing the power of humanity to comfort loved ones and the strength and commitment to the family bond.

Despite those final hours, I submit that your father was — and if you believe in an afterlife — your father is happier than you might ever give yourself credit to appreciate. Your work sends a great message to your children.

McManus & Associates is here to provide guidance to you and your family on the creation of a plan that will do everything possible to help avoid heartbreaking situations like Karen’s. Reach out to us at 908-898-0100.

McManus Interviewed for Benefits Selling Magazine

April 19, 2013 - Media Clips

An article, titled “The End,” that appeared in the April 2013 issue of Benefits Selling Magazine is worth digging into. Drawing from insight shared by experts like John O. McManus, McManus & Associates founding principal, reporter Paula Aven Gladych relays valuable intel related to end-of-life planning.

What’s one of the catch 22’s that Gladych unearths thanks to McManus? “Many people don’t realize that beneficiary designations on life insurance policies and retirement accounts trump whatever is written in a final will and testament.” From the piece:

Many parents place one of their children on their accounts as a joint account holder so they can help pay bills. What most people don’t realize is that when the parent passes away, no matter what is listed in the will, the person who is listed on the joint account will inherit that money. This can cause many problems among other beneficiaries who believe they are entitled to their share of that money, McManus said.

McManus also emphasizes a seemingly obvious but often overlooked step that needs to be taken – more than once:

Individuals need to make sure their documents are current. They need to review them every so often to make sure that what people think they will receive when they die is what they will actually receive, said John McManus, founding principal at McManus & Associates , an estates and trusts law firm in New York.

That means reviewing documents and walking through their provisions, deciding how they want to dispose of their assets and naming representatives who will make sure their assets are distributed as they intended.

But, as Gladych points out, things aren’t always so straightforward – especially when it comes to the tax system. In the piece, McManus has a word of advice, which he often shares with clients:

Each state has its own exemption when it comes to estate taxes. Some states, like New York, will allow individuals to pass down the first $1 million to heirs tax free. Anything above that $1 million will be taxed. McManus counsels his clients to gift that money while they are still alive to avoid hefty taxation later.

Gladych is right: planning for the future isn’t just about retirement accounts or what you want to do with all of your free time…people also need to plan for what comes after their retirement—end-of-life planning. To find more valuable tips, read the full story.